Constitutional Law
Exam Questions
Course Introduction
Constitutional Law explores the foundational principles, structures, and functions of a nations constitution, focusing primarily on the U.S. Constitution. The course examines the distribution and limitations of governmental powers among the legislative, executive, and judicial branches, and investigates the role of the Supreme Court in interpreting constitutional rights and liberties. Topics include judicial review, federalism, the separation of powers, and the protection of individual rights under the Bill of Rights and subsequent amendments. Through an analysis of landmark cases and current issues, students develop an understanding of the evolving nature of constitutional law and its influence on American society and governance.
Recommended Textbook
Introduction to Law 5th Edition by Joanne B. Hames
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Page 2
Chapter 1: Introduction to Law
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Q1) The origins and development of laws and legal systems are predominantly based on the actions of government and _____.
A) religion
B) corporations
C) philosophers
D) professors
Answer: A
Q2) Historically, the two major types of legal systems that developed were civil law systems and _____ systems.
Answer: common law
Q3) Which type of legal system refers to a system based primarily on written constitutions and written laws or codes?
A) Common law
B) Civil law
C) Natural law
D) Bylaws
Answer: B
Q4) Murder, assault, and theft are examples of _____ criminal laws.
Answer: substantive
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Chapter 2: The US Legal System
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Q1) In the federal system, statutory law adopted by Congress is normally included in which publication?
A) The Code of Federal Regulations
B) The Constitution
C) The United States Code
D) The Federal Code
Answer: C
Q2) Explain whether a new state law requiring sex offenders to register in a new registry is considered an ex post facto law.
Answer: An ex post facto law is a law that retroactively changes the legal consequences of actions that were committed before the enactment of the law. In the case of a new state law requiring sex offenders to register in a new registry, it would not be considered an ex post facto law if it only applies to future actions or offenses committed after the law is enacted. However, if the law retroactively changes the registration requirements for sex offenders who committed their offenses before the law was enacted, then it could be considered an ex post facto law. It is important to carefully examine the specific provisions and retroactive effects of the new law to determine whether it falls under the category of an ex post facto law.
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Chapter 3: The Courts and Legal Personnel
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Q1) Which of the following is not a specialized trial court in the federal court system?
A) U.S. Tax Court
B) U.S. Claims Court
C) U.S. Bankruptcy Courts
D) U.S. District Courts
Answer: D
Q2) A basis for federal court jurisdiction where the plaintiff and defendant are residents of different states and the amount in controversy exceeds $75,000 is known as diversity of _____.
Answer: citizenship
Q3) In the federal courts, the bailiff may be a deputy U.S. marshal.
A)True
B)False
Answer: True
Q4) The U.S. Court of Appeals can reverse and ____ or send the case back to the trial court for a retrial with instructions regarding the procedure to be followed.
Answer: remand
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Chapter 4: Finding the Law: Legal Research
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Q1) What types of sources explain the law and aid in finding the law?
A) Primary sources
B) Secondary sources
C) Tertiary sources
D) Cases
Q2) Which part of a case states the law relied upon by the court in the analysis or reasoning component of the case?
A) Facts
B) Issues
C) Rules
D) Judicial history
Q3) A removable supplement to a volume of statutory law that includes all changes or additions to the material contained in the hardbound volume is known as a ______ part.
Q4) The two large national legal encyclopedias are Corpus Juris Secundum (C.J.S.) and American _____ 2d.
Q5) Statutes are laws enacted by the legislature.
A)True
B)False
Q6) What are the different components of case law?
Page 6
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Chapter 5: Using the Law: Analysis and Legal Writing
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Q1) The conclusion or _____ section of a case brief is the court's answer to the issue or question presented.
Q2) Which part of a case brief should be one sentence long and is best written as a question?
A) Facts
B) Judicial history
C) Issue
D) Rule
E) Analysis
Q3) Which part of a case brief lets the reader know what happened in each of the lower courts?
A) Facts
B) Judicial history
C) Issue
D) Rule
E) Analysis
Q4) The _____ section of a case brief includes a listing of the laws the court relied on in the analysis or reasoning and may include statutes, case law, articles or amendments from the U.S. Constitution or other primary sources of the law.
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Chapter 6: Constitutional Law
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Q1) In Griswold v. Connecticut, the U.S. Supreme Court recognized that a right of privacy exists under the "_____ of rights" implied in the Constitution.
Q2) Constitutional law comes from the text of the U.S. Constitution and the numerous decisions of the U.S. Supreme Court interpreting the document.
A)True
B)False
Q3) Constitutional law is found both in the Constitution itself and in Supreme Court case law interpreting the Constitution.
A)True
B)False
Q4) The original U.S. Constitution ratified in 1789 included the power to impose an individual income.
A)True
B)False
Q5) The Free Exercise Clause requires states to allow individuals to use peyote during religious ceremonies.
A)True B)False
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Chapter 7: Tort Law
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Q1) What is the responsibility of an employer for torts of employees that are committed in the course and scope of employment?
A) Abuse of process
B) Respondeat superior
C) Negligence
D) Strict liability
Q2) Intentional and outrageous conduct that causes mental suffering forms the basis of the tort of intentional infliction of emotional distress.
A)True
B)False
Q3) The two major defenses to intentional torts are consent and privilege.
A)True
B)False
Q4) Contributory risk is a defense to negligence.
A)True
B)False
Q5) Punitive damages are allowed in negligence actions only if the negligence rises to the level of ______negligence.
Q6) What activities give rise to strict liability?
Page 9
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Chapter 8: Family Law
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Sample Questions
Q1) The deponent is the person whose testimony is given under oath during a deposition.
A)True
B)False
Q2) A few states continue to recognize the legal status of the common-law marriage without a ceremony. Would you support legislation in your state to recognize common-law marriage? Explain your position.
Q3) Once a court determines that a parent-child relationship exists, it must consider:
A) child support.
B) spousal support.
C) property issues.
D) whether restraining orders are needed.
E) income and expense situation for each party.
Q4) Family law deals with legal issues that affect personal relationships.
A)True
B)False
Q5) One purpose of a premarital agreement is to protect _____ in the event the marriage ends in divorce.
Q6) What are the differences between community property and separate property?
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Chapter 9: Estate Planning: Wills, Trusts, and Probate
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Q1) A will may not be changed.
A)True
B)False
Q2) If a person acquires legal title to property as a result of fraud, the court may impose a(n) _______ trust on the individual holding the legal title.
Q3) Which of the following is not common to most wills?
A) The opening clauses
B) Promises not to leave anything to a disfavored child
C) The fiduciary clause
D) The closing clause
E) The body of the will
Q4) What type of will is oral will be made by one on his or her deathbed?
A) Formal
B) Holographic
C) Nuncupative
D) Statutory will
Q5) When a person dies without a will, the law of intestate succession is applied.
A)True
B)False
Q6) Explain how a will can be revoked or changed.
Page 11
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Chapter 10: Contract and Property Law
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Q1) Contracts by emancipated minors are usually valid.
A)True
B)False
Q2) Personal property is property that is ______.
Q3) Specific performance is a court order requiring one party to fulfill his or her obligations under a contract.
A)True
B)False
Q4) The Uniform Commercial Code (U.C.C.) is a uniform set of laws dealing with contracts for the sale of _______.
Q5) Which form of intellectual property law protects "original works of authorship" against misappropriation?
A) Copyright
B) Trademark
C) Patent
D) Trade secret
Q6) The Statute of ______ is a rule requiring that certain types of contracts be evidenced by a writing.
Q7) Explain the parol evidence rule.
Page 12
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Chapter 11:
The Business Environment: Agency, Employment, Business Organizations, and Bankruptcy Laws
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Q1) Actual authority is authority created by conduct that leads a third person to believe that authority exists.
A)True
B)False
Q2) If you were starting a new business entity with a relative for a new fast food franchise, which business entity would you select? There will be two owners of the business and you hope to be able to open more fast food franchises in the future, but for now you are planning to start just one franchise. Discuss the advantages and disadvantages of each business entity.
Q3) A fundamental principle in the law of agency is that the principal-agent relationship creates _____ duties between the parties.
Q4) A business corporation files the articles of incorporation with which government agency?
A) Occupational Safety and Health Agency (OSHA)
B) Securities and Exchange Commission (SEC)
C) Internal Revenue Service (IRS)
D) State secretary of state
Q5) The ______ are the internal rules and regulations for a corporation.
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Chapter 12: Civil Procedure Before Trial
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Q1) Lack of proper venue renders any judgment void.
A)True
B)False
Q2) Motions generally require court hearings.
A)True
B)False
Q3) Plaintiffs are required to use licensed process servers to serve complaints.
A)True
B)False
Q4) A factual situation that creates a legally recognized right to damages or other relief is a _________.
Q5) Written questions sent by one party to another party that must be answered under oath are known as:
A) interrogatories.
B) depositions.
C) requests to produce.
D) disclosure.
E) None of the above
Q6) Explain the difference between federal question jurisdiction and diversity of citizenship jurisdiction.
Page 14
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Chapter 13: Alternative Dispute Resolution
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Q1) The arbitration ______ is the decision of the arbitrator in an arbitration hearing.
Q2) Saving time and _______ are two the main benefits of alternative dispute resolution.
Q3) Methods of alternative dispute resolution may be binding or nonbinding.
A)True
B)False
Q4) Which of the following is an activity of the American Arbitration Association?
A) Provide arbitration services
B) Provide mediation services
C) Employ experienced lawyers and retired judges to act as neutrals
D) All of the above
Q5) Mediation is a process in which the parties discuss and negotiate the issues in dispute with the assistance of a neutral person.
A)True
B)False
Q6) In _________, the neutral mediator assists the parties in coming to an agreement.
Q7) What types of contracts commonly have agreements to arbitrate?
Q8) In what types of cases should court-ordered mediation be required?
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Chapter 14: Criminal Practice: Criminal Law and Juvenile Law
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Q1) Double jeopardy prevents a juvenile from being tried as an adult, after going through a jurisdictional hearing in juvenile court.
A)True
B)False
Q2) Which of the following is not a purpose of criminal law?
A) Deterrence
B) Retribution
C) Incapacitation
D) Rehabilitation
E) Mens rea
Q3) Homicide is the taking of the life of one person by another.
A)True
B)False
Q4) Which of the following is an element of mens rea?
A) A knowing act
B) A purposeful act
C) A reckless act
D) All of the above
Page 16
Q5) The mental element of a crime is known as the _________.
Q6) What are the purposes of criminal law?
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Page 17
Chapter 15: Criminal Procedure Before Trial
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Q1) The warrant requirement is designed to protect law enforcement officers.
A)True
B)False
Q2) What are the exceptions to the warrant requirement?
Q3) What is the hearing where the defendant appears before a judge for the first time?
A) Arraignment
B) Preliminary hearing
C) Initial appearance
D) Grand jury hearing
Q4) Criminal procedure is a branch of federal law.
A)True
B)False
Q5) Hearsay is something a third person heard.
A)True
B)False
Q6) In order to obtain a warrant from a neutral magistrate, the officer must have that the suspect committed the crime.
Q7) Explain the purpose of the initial appearance of a defendant.
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Chapter 16: Rules of Evidence
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Q1) What type of evidence is indirect evidence that provides the jury with information from which inferences may be drawn?
A) Direct evidence
B) Documentary evidence
C) Demonstrative evidence
D) Circumstantial evidence
Q2) Which of the following is not an exception to the hearsay rule?
A) Excited utterance
B) Statements for purposes of medical diagnosis or treatment
C) Exigent circumstances
D) Present sense impression
Q3) Explain the four types of evidence.
Q4) An inference is a logical conclusion of a fact that is not supported by direct evidence.
A)True
B)False
Q5) Hearsay is admissible as long as the truth of the statement can be determined.
A)True
B)False
Q6) What are methods used to attack the credibility of a witness?
Page 19
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Chapter 17: The Trial
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Q1) What is the name for the trial participant who "reports" every word of the open-court proceedings and may prepare a transcript of the proceedings?
A) Judge
B) Bailiff
C) Court clerk
D) Court reporter
Q2) The closing argument includes a summary of the ____, issues, evidence, and conclusions that may be drawn from the evidence.
Q3) What is the purpose of a closing argument?
Q4) A trial will always involve a jury.
A)True
B)False
Q5) During voir dire, each side is allowed an unlimited number of peremptory challenges.
A)True
B)False
Q6) If a prospective juror shows bias, then that individual is excused for cause.
A)True
B)False
Page 20
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